Fact Sheet on Sexual Exploitation and Abuse

Fact Sheet on Sexual Exploitation and Abuse
The United Nations expects that all peacekeeping personnel, military, police or civilian,
adhere to the highest standards of behaviour and conduct themselves in a professional
and disciplined manner at all times. Unfortunately, there are allegations and instances
of misconduct involving peacekeeping personnel, including acts of sexual exploitation
or abuse. In response, the UN and Member States should ensure that all allegations
are investigated and that appropriate action is taken swiftly when such allegations are
substantiated.
Measures currently in place
A Conduct and Discipline Unit (CDU) was established at UN Headquarters in 2005 to
provide oversight on conduct and discipline issues in peacekeeping operations and
special political missions. The CDU works with Conduct and Discipline Teams on the
ground in larger peacekeeping missions and Conduct and Discipline Focal Points in
smaller peacekeeping and special political missions. These Conduct and Discipline
personnel implement the mission strategy on training, prevention, enforcement and
remedial action and advise the Heads of Mission on related issues.
A Memorandum of Understanding (MOU) between Troop Contributing Countries
(TCCs) and the UN unequivocally lays out the obligations of States regarding conduct
and discipline of their troops.
Training personnel
 Sexual Exploitation and Abuse (SEA) training is mandatory for all personnel –
military, police or civilian - upon arrival in a peacekeeping mission.
 The UN also requests that TCCs provide pre-deployment training to their military
personnel, using UN provided training material.
Vetting personnel
 The UN uses its Misconduct Tracking System to vet UN international staff applying
to work in field missions against records of misconduct in prior assignments to field
missions. The UN similarly vets individually recruited military, police, corrections
officers, and UN Volunteers.
 The vetting of military contingents and formed police units personnel for prior
misconduct is currently done through certification by the Troop and Police
Contributing Countries.
Handling allegations
 When an allegation of misconduct is reported, there are standardized procedures
in place for carrying out the investigation:
For staff members:
o The UN investigates allegations of misconduct;
o The UN now commits to a six-month timeline for completing
investigations, subject to extenuating circumstances;
o If the allegation is substantiated, the UN takes disciplinary action against
its staff members;
o Substantiated cases of criminal conduct can also be referred for
prosecution, or directly prosecuted, by national authorities.
For those personnel deployed with the status of experts on mission,
essentially police personnel and military observers:
o
o
o
o
The UN investigates allegations of misconduct;
The UN now commits to a six-month timeline for completing
investigations, subject to extenuating circumstances;
If the allegation is substantiated, disciplinary action must be
determined by the deploying Member State. The UN will request that
appropriate actions be taken by the deploying Member State. The UN
can take only limited action against the personnel, for example
repatriation and barring them from future missions. The UN will follow
up at regular intervals with the deploying Member State until
information is received on the actions taken;
Substantiated cases of criminal conduct can also be referred for
prosecution, or directly prosecuted, by national authorities.
For military personnel:
o
o
o
o
o
o
The TCC has the primary authority to investigate;
Members States are informed of allegations and requested to notify the
UN within ten working days if they intend to investigate;
If a Government does not notify the UN within the ten days that it will
begin an investigation, or the Government declines to do so, then the
UN may initiate an administrative investigation without delay;
The Secretary-General now requests that Member States commit to a
six-month timeline for completing investigations, subject to extenuating
circumstances.;
If the allegation is substantiated, disciplinary action or criminal
sanctions are determined by the TCC. The UN will request that
appropriate actions be taken by the deploying Member State. The UN
can take only limited action against the personnel, for example
repatriation and barring from future missions;
TCCs are required to report back to the UN on the outcome of
misconduct investigations and prosecutorial actions taken. The UN will
follow up at regular intervals with the TCC until information is received
on the actions taken.
Case tracking and reporting
 The UN maintains a global database and confidential tracking system for all
allegations.
 Peacekeeping missions report quarterly and annually on conduct and discipline to
the Department of Field Support UN Headquarters.
 The leadership of Peacekeeping missions are accountable for tracking the progress
of procedures designed to reduce SEA, as well as reporting all actions taken to
prevent SEA and to ensure cooperation during investigations.
Victim support
 Peacekeeping missions provide assistance and support to victims as laid out by
General Assembly resolution 62/214.
 Support includes access to in-country service providers, such as medical and
psychological care, as well as legal support for the pursuit of paternity and child
support claims.
New measures: A systemic challenge that demands a
systemic response
A number of initiatives are being implemented as the UN continues to build on new
programmes, protocols and overall procedures to prevent SEA, enforce standards,
increase accountability, provide remedial action and ensure effectiveness of
investigations.
 The UN is implementing more than 40 proposals from the Secretary-General’s
report Special measures for protection from SEA, adopted by the General
Assembly in May 2015. The most significant measures include:
o Establishing Immediate Response Teams in peacekeeping missions to
gather and preserve evidence for use in investigations;
o Adopting a six-month timeline for completion of investigations of sexual
exploitation and abuse and calling on Member States to adhere to the same
timeline;
o Developing an enhanced complaint reception framework to ensure
mechanisms within communities where people can come forward, in
confidence, to raise complaints regarding UN personnel;
o Strengthening administrative measures against staff members found to have
committed these acts, including withholding entitlements and;
o Suspending pay to troop and police contributing countries in connection with
suspects on the basis of credible evidence;
o Establishing a trust fund to provide support and assistance to victims,
complainants and children born as a result of sexual exploitation and abuse.
 Following a series of SEA cases in the Central African Republic in 2015, the
Secretary-General took the following steps:
o Appointed a high-level External Independent Review panel to review the
UN’s response to the allegations of sexual exploitation and abuse of children
by foreign military forces not under United Nations command.
o Addressed all Heads of Peacekeeping Missions, Force Commanders and
Police Commissioners and underscored that they are obligated every day to
enforce the highest standards of conduct;
o
Proposed that his next report on SEA to the General Assembly include
country-specific information on credible allegations that are being
investigated.
 The Secretary-General has called for the following from Member States:
o TCCs to commit to concluding investigations within six months;
o TCCs to uphold their responsibility to ensure justice and communicate to the
Secretariat the results of their actions;
o TCCs, in substantiated cases of SEA, to guard against impunity by ensuring
appropriate and proportionate action is taken; ‘criminal accountability for
those responsible for acts of SEA through investigations and judicial
processes both of which remain the responsibilities of member states.’
o To support a fully funded victim assistance programme;
o SEA and other misconduct to be placed on the agenda of meetings of the
Security Council with TCCs and the Council should review follow-on action
on all reported cases.
More information can be found on:
Conduct and Discipline website https://cdu.unlb.org
UN Peacekeeping website www.un.org/en/peacekeeping/issues/cdu
Last updated 3 September 2015